. >> both cases, same question -- can the government, in giving out benefits, whether it's taxes, whether it's marriage, whether it's child custody, say gay people get one set of benefits and straight people get another? can gay people get less? those are really the questions in both cases, and the court has never really answered that question clearly. and we should know a lot more tomorrow. >> and in terms of court watching, we know that there are generally four -- traditionally four liberal justices we assume will support same-sex justices, three or four conservative justices who will probably oppose it. does this, like so many other cases before it, come down to justice kennedy? >> anthony kennedy is the most powerful judge and maybe the most powerful person in america because of the split you talk about. one reason why supporters of same-sex marriage are optimistic about his vote is that, even though kennedy usually sides with the conservatives, gay rights has been a subject where he has sided freeblquently withe liberals, the author of the two most important gay rights decisions at t